Back / lumbar spine decisions — 2005

The veteran's claim for a higher disability evaluation for low back strain with degenerative disc disease and herniated nucleus pulposus at L5-S1 with bilateral sciatic neuropathy was granted, with the rating assigned being 60 percent.

The Board has denied the veteran's claims of entitlement to increased evaluations for his lumbar spine disability and hypertension, as well as service connection for hypertension. The issues remain at issue due to the lack of a Statement of the Case (SOC).

The Board has reopened the veteran's previously denied claim of entitlement to service connection for a low back condition, but additional development is required before the merits can be adjudicated.

The veteran's claim for special monthly pension based on the need for aid and attendance was denied as he is not blind or nearly blind in both eyes, does not require regular aid and attendance due to his disabilities, and lives independently.

The veteran's claim for service connection for a low back injury, arthritis, and degenerative disc disease is being remanded to schedule a VA spine examination to determine the probability that these conditions resulted from an in-service event.

The veteran's claim for an increased evaluation for chronic otitis media was denied as the condition is essentially asymptomatic with no evidence of suppuration or aural polyps.,Service connection for a low back disorder was not granted as there is no evidence that the disability originated in service.

The Board found that the veteran's low back disability did not meet the criteria for a rating in excess of 20 percent, as his range of motion was within normal limits and there were no signs of severe limitation of motion or other disabling conditions. The claim for an increased rating is denied.

The VA denied reimbursement for unauthorized medical expenses because the care was not rendered in a medical emergency and VA facilities were available to treat the veteran's conditions.

The VA determined that the veteran's degenerative disc disease at L4-L5 and L5-S1 warranted a 20 percent rating, effective from November 8, 1994.

The veteran's cervical and lumbar spine disabilities have been rated at 30 percent, which is the maximum assignable under current regulations.

The Board has granted a 20 percent evaluation for the veteran's degenerative disc disease of the lumbar spine, finding that it meets the criteria for this rating based on moderate limitation of motion.

The Board has reopened the veteran's claim of service connection for a back disorder, but further development is needed before a final decision can be made.

The Board found no evidence to support a connection between the veteran's current low back disorder and his military service, including Vietnam exposure. The claim was denied as not well grounded.

The veteran's bilateral hip disability is not service connected. The left knee and back disabilities are service-connected, but the hip disability is not considered secondary to these conditions. The veteran has been granted a total rating based on individual unemployability due to his service-connected disabilities.

The veteran does not meet the criteria for special monthly pension based on need for regular aid and attendance or housebound status.

The Board found no evidence of a chronic respiratory disorder, left shoulder disorder, or low back disorder during service. The veteran's current diagnoses are not related to his military service.

The VA denied an increased rating for the veteran's service-connected degenerative changes of the lumbar spine, currently rated at 20 percent.

The veteran is seeking to reopen his claim for service connection of a back disability, which he claims was caused by an incident during active duty. The VA has requested additional medical records and service medical records to support the veteran's claim.

The Board has reopened the veteran's claim for service connection for degenerative arthritis of the lumbosacral spine. However, the evidence does not support a finding that this condition is related to active service.

The Board has remanded the case due to incomplete records and the need for a medical opinion regarding the etiology of the appellant's current psychiatric disability.